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The Cyprus Problem

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Chapter Summary


The purpose of this chapter is to consider the question whether international law recognises the existence within its legal order of rules having the character of jus cogens. The chapter illustrates the problem by applying the findings of such inquiry in order to test the validity of the Zurich-London 'Agreements' of February 1959, and of the resultant Treaties signed at Nicosia on 16th August, 1960. While the emphasis is placed upon the consideration of the validity of these 'Agreements' in the light of the present rules of general international law regarding jus cogens, the chapter also presents a complete picture of the legal situation regarding these instruments, to sketch the factual background of these 'Agreements' and to touch very briefly upon certain other aspects of the law of treaties, as well as of United Nations law, which are of direct relevance to the issue.

Keywords:International Law Commission; International Law fall; Zurich-London 'agreements'


In this introductory statement, the author shares his views, as a private individual, on the prospects of a solution to the Cyprus problem. With the negotiations and the filling of any remaining gaps by the UN Secretary-General, the Annan Plan will be put to separate referenda on or about 21 April 2004 with a view to the United Republic of Cyprus joining the European Union on May 1st, together with the other nine new Members with the problem solved. In the author's opinion, it is essential that a solution be functional and that the economic provisions impose the burden where it belongs. There should be full demilitarization, no foreign troops, no right of forcible intervention and no settlers. Such a plan would indeed be a proper basis for an agreed, lasting and fair solution. Under these circumstances, everyone should be in favor of reunification and an agreed solution.

Keywords:Annan Plan; Cyprus; European Union; international law; problem; Turkey; United Nations




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